• Show cause notice from the foreign custom Mumbai

Hello, I have received a show cause notice from the foreign custom. My parcel came from UK which is model car falling under cth 9804 appear to be undervalued as per section 14. This is the first time that I have received letter & I have no idea what to do. Please help because they are asking proper invoice & payment details but the seller from eBay has already put invoices on the box, so I can't understand what they are asking.
Asked 4 months ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

You must have received proper invoice either a soft or a hard copy. If not then ask the seller to provide copy. Convey this to the authorities. Write a letter giving explanations to the custom authorities.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

You should reply to show cause notice deny allegations of undervaluation 

 

2) enclose copy of invoice and evidence of payment made by you 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Send reply by speed post together with signed copy of invoice received from the seller 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Share the copy of the mail.


With the custom authorities.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Only bona-fide gifts imported by post or air upto CIF limit of Rs.5000/- are exempted from any prohibition in respects of imports thereof under the Foreign Trade (Development and Regulation) Act, 1992. The  item may be suspected of under valuation under Section 135. You have three options…

  1. Pay duty of valuation determined by Customs.
  2. Prefer an appeal to Appellate Tribunal under Section 129A against the valuation by Commissioner.
  3. Compound the offence under Section 137 by paying penalty of the  value determined by Commissioner.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Hi, You can reply the same to the authority. Don't bother about it or else engage the service of the Advocate

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

- As per Section 14 of the Custom Act, the value of the imported goods and export goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export to India for delivery at the time and place of importation, or as the case may be, for export from India for delivery at the time and place of exportation, where the buyer and seller of the goods are not related and price is the sole consideration for the sale subject to such other conditions as may be specified in the rules made in this behalf.

- Further, such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented.

- Since, the eBay has already valued , then you can send a reply to the Custom Department with the said copy of the invoice , and mention that you item not come under section 14. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

please submit the printout of the invoice and also the details of payment made by you to the customs officer

if you are required to remain present then you can attend

there is nothing to worry

you have to show and submit the details as aforesaid to show your bonafides that you have not indulged in any undervaluing as alleged and there is no evasion of any custom duty

the sale price is and cannot be in the control of the purchaser

and here this was an online purchase for which i assume the payment was also made online

so there is an entire trail of the transaction and nothing is concealed 

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

If you have received a notice from the customs department seeking to explain why action should not be taken against you for importing the specified item and demand the documents to establish your genuineness,  you may provide the photocopies of the documents you rely upon and request for delivering the product in their possession. 

Make sure that you attach the copies of relevant documents along with your reply notice. 

If you are not able to give a proper reply then you may contact any lawyer of this forum or outside to cope up with the situation. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Yes you can proceed with the available documents you possess. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You can pay the fine and dispose the said matter. Also can contest and reply to the notice

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Only when order is passed for imposition of penalty are you are liable to pay penalty 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The notice  will include section and fine amount in most of the cases. You can send DD also by post or pay in person 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. You will be let known about the quantum of penalty by the authorities concerned. 

2. You may wait for the reply from them. 

3. You can wait or enquire from the customs directly 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. Don't pay before sending the reply of that show cause notice , as sometimes it not send by the official of the custom department .

2. Wait

3. Report the said problem to the supplier of that item.

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer